Scottish Parliament

Written Answers

Wednesday 18 August 1999

Scottish Executive

Energy

Cathy Jamieson (Carrick, Cumnock and Doon Valley) (Lab): To ask the Scottish Executive whether it will support research and development of wave energy technology as part of its commitment to promoting the use of renewable energy and, if so, how.

Sarah Boyack: Funding of research and development into sources of renewable energy, including wave energy, is a reserved matter. On 30 March the DTI announced a new wave power programme. Initially the programme will monitor the development of the 3 wave power projects that were awarded contracts under the Scottish Renewables Order laid by The Scottish Office in February. The DTI programme will also call for proposals for research, development and demonstration of wave technology.

  The Scottish Executive is committed to the promotion of renewable energy. The DTI is currently undertaking a review of the mechanisms required to achieve the generation of 10% of the UK’s electricity from renewable energy sources as soon as possible, a target which it hopes to reach by 2010. The Scottish Executive will decide how to best promote renewable energy in the light of the outcome of that review.

Environment

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive to specify the volume of green-house gas emissions that have been produced in Scotland (a) as a whole and (b) from each economic sector, in each of the last 10 years.

Sarah Boyack: These figures are not available. In conjunction with the Department of the Environment, Transport and the Regions, the Department of the Environment (NI) and the Welsh Assembly, we have, however, let a research contract to disaggregate UK emissions of greenhouse gases. Initially, the 1990 and 1995 totals will be disaggregated and, depending on the outcome, we shall consider if and how we should take this exercise forward in future.

Environment

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive to specify the targets that have been set for Scotland to reduce greenhouse gases, and how progress towards these targets will be monitored in relation to Scotland’s contribution to UK targets.

Sarah Boyack: No specific target has been set for Scotland. I am keen, however, that we should play a full part in meeting the UK target of reducing greenhouse gas emissions by 12.5% of the 1990 figure by the period 2008-2012.

  The UK Government, in conjunction with the devolved administrations, recently concluded a climate change consultation exercise in which comments were sought on any distinctly Scottish issues. We shall soon issue a report of the outcome of that exercise. We plan to issue a further consultation paper on a climate change programme before the end of the year. This will include our thinking on the appropriateness of a programme of Scottish measures.

Health

David McLetchie (Lothians) (Con): To ask the Scottish Executive what is the best estimate of the number of patients currently in Carstairs State Hospital who suffer from the same mental disorder as Noel Ruddle.

Susan Deacon: Very few patients in the State Hospital at Carstairs have a sole diagnosis of personality disorder. Each case is dealt with on the basis of the individual’s circumstances.

Justice

David McLetchie (Lothians) (Con): To ask the Scottish Executive what is the timetable for the Lord MacLean Committee on serious violent and sexual offenders, and the Millan Committee on the review of the Mental Health (Scotland) Act 1984 to report, and in the light of the Noel Ruddle decision, whether the timetable will be brought forward with a view to enabling emergency legislation to permit the continued detention of persons who represent a danger to the public.

Mr Jim Wallace: I refer to the answer I gave to Ms Gillon’s question (S1W-900).

Justice

David McLetchie (Lothians) (Con): To ask the Scottish Executive whether any amendments to current legislation arising from the terms of the European Convention on Human Rights can have retrospective effect to permit the continued detention of patients currently in Carstairs State Hospital who may otherwise be released.

Mr Jim Wallace: As I have made clear, we are urgently considering the law in relation to the detention of restricted patients in the light of the judgement in the Noel Ruddle case. In order to be within the power of the Scottish Parliament to legislate, any amendments, including any which would permit the continued detention of patients in the State Hospital, would have to be consistent with the European Convention on Human Rights.

Justice

David McLetchie (Lothians) (Con): To ask the Scottish Executive how many patients currently in Carstairs State Hospital have initiated proceedings on the same basis as Noel Ruddle.

Mr Jim Wallace: Under the Mental Health (Scotland) Act 1984 all patients, including those with a restriction order, have a periodic right of appeal to a sheriff against their sentence. These appeal provisions were introduced following a ruling of the European Court of Human Rights in 1981.

  As at 17 August there were 2 such appeals set down at Lanark Sheriff Court by patients from the State Hospital, Carstairs. The sheriff must consider each such appeal on its merits. A successful appeal would not necessarily lead to discharge of the patient: for example, in the case of patients who are transferred prisoners, a successful appeal would result in a return to prison.

Justice

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether, in the light of the introduction of fixed payments under the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999, it considers that there is any purpose in the retention of time recording in cases which are subject to the fixed payment rules.

Mr Jim Wallace: The obligation to undertake personal time recording is set out in the Code of Practice issued by the Scottish Legal Aid Board which solicitors undertaking criminal legal assistance agree to adhere to. The Scottish Legal Aid Board has recently undertaken a consultation exercise on amendments to the code that may be appropriate in the light of the introduction of fixed payments. These proposed amendments include a reduction in the extent of such time recording. I expect a revised Code to be submitted to Scottish Ministers shortly for approval once the Board has taken account of comments received.

Justice

Karen Gillon (Clydesdale) (Lab): To ask the Scottish Executive what action it is taking following the release of Noel Ruddle from the State Hospital Carstairs.

Mr Jim Wallace: Each restricted patient detained for treatment at the State Hospital or other hospital may appeal to the courts once a year for a review of his or her detention case. Each application is scrutinised for Ministers by Scottish Executive officials. In all but routine cases, the decision on whether the application should be opposed is made by Ministers themselves, who reach their decision in the light of advice and on the merits of the case. The relevant Ministers then monitor the progress of each case, and give instructions to officials on its conduct as necessary.

  Mr Noel Ruddle appealed in March 1999. His case raised issues of treatability similar to those of Mr Alexander Reid and Mr Michael Ferguson, in both of which it had been argued successfully in court that the law permitted - and the merits of the case demanded - continued detention. On the basis of advice put to him in March 1999, the Secretary of State instructed counsel to oppose Mr Ruddle’s application on similar grounds.

  In a judgement delivered on Monday 2 August, the court found in Ruddle’s favour. There was no right of appeal. Ministers sought immediate legal advice on the terms of the judgement and whether it would be possible to sustain an application for judicial review. In the light of that advice, Ministers concluded that Ruddle’s release could not be delayed or prevented by an immediate application for judicial review, nor by any other means available to them within the law.

  After discussing the Ruddle judgement with legal and policy advisers, Ministers reached the conclusion that the law as stated in that judgement did not allow the courts to take full account of public safety when considering such cases.

  We have therefore:

  instructed officials to prepare immediate advice on whether and how the law could be changed to address their concerns;

  made clear that the emergency legislation procedures of the Scottish Parliament would be used if necessary;

  approached Lord MacLean to ensure that his committee, which is reviewing the sentencing and treatment of serious offenders with personality disorder, takes full account of the implications of the Ruddle case, and is in a position to bring forward detailed recommendations in the early part of next year;

  drawn the case to the attention of the committee chaired by the Rt Hon Bruce Millan which is reviewing the Mental Health (Scotland) Act 1984 and which is expected to report in the summer of next year; and

  requested the Mental Welfare Commission for Scotland to undertake an inquiry into the care received by Mr Ruddle and other patients with a diagnosis of personality disorder or similar conditions, focusing particularly on its psychological aspects.

  This work continues.

Poverty

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what plans it has for alleviating poverty amongst pensioners in Scotland.

Ms Wendy Alexander: Action on pensioner poverty is happening on a UK and Scottish level. Changes to taxes and benefits are improving pensioners entitlements. VAT on household fuel has been reduced from 8% to 5%. From April 1999, pensioners have a guaranteed minimum income of not less than £75 a week, and pensioner couples £116 a week. Winter Fuel Payments for pensioners will rise from £20 to £100 minimum from December 1999. To complement these changes, a range of measures will be promoted to ensure that the needs of older people on low incomes are met. For example, the Scottish Warm Deal to tackle fuel poverty specifically targets pensioners on benefit, and we are committed to encouraging the improvement and integration of concessionary fare schemes.

Transport

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive to specify the amount of public money made available for capital expenditure to each of the airports in Scotland for each financial year since 1994/1995.

Sarah Boyack: The amount of money made available by The Scottish Office for capital expenditure at airports in Scotland since 1994-95 is as follows:

  

 
1994-95


1995-96


1996-97


1997-98


1998-99




Barra
49 

64 

280 

122 

- 



Benbecula
9 

10 

37 

126 

- 



Campbeltown
- 

575 

47 

130 

37 



Inverness
3103 

1393 

40 

95 

458 



Islay
341 

63 

13 

91 

36 



Kirkwall
100 

90 

58 

724 

47 



Stornoway
32 

53 

98 

119 

69 



Sumburgh
265 

683 

136 

299 

8 



Tiree
522 

77 

10 

54 

22 



Wick
97 

43 

31 

30 

18 




  Consents under section 94 of the Local Government (Scotland) Act 1973 in respect of capital expenditure at local authority airports since 1994-95 are as follows:

  











£000’s













  

 
1994-95 

1995-96 

1996-97 

1997-98 

1998-99 



Dundee
199 

781 

1147 

436 

553 



Orkney
- 

- 

- 

- 

250 




  The following amounts have been allocated to Prestwick Airport from public funds since 1994-95:

  











£000’s













  

 
1994-95 

1995-96 

1996-97 

1997-98 

1998-99 



Enterprise Ayrshire
293 

195 

68 

30 

937 



Regional Selective Assistance
240 

- 

- 

- 

-